Recently, we wrote about the Congress’ Women’s Business Centers Improvements Act of 2019 (H.R. 4405). Since the Act passed the House in October, SBA has independently codified improved rules for the Women’s Business Center Program.
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Federal Government Contractors Can Use Electronic Signatures for Claim Certifications, ASBCA Says
Despite technological advance, some (perhaps even you) still cling to the notion that a signature, written by a human hand, is the only official kind. In other words, if a person doesn’t personally affix his “John Hancock” in cursive script or some other creative form, then the document really isn’t signed.
If this thought sounds familiar, we’re here to liberate you. You are no longer bound like a medieval prisoner to your tube filled with ink. You can use an electronic signature in your contract work with the U.S. Government, including certifications connected to claims submitted under the Contract Disputes Act.
Continue readingGAO: Trade Agreements Act Inapplicable to Small Business Set-Asides
It’s no secret that federal government contracting has the reputation of being a seemingly endless morass of regulations. In fact, the confusion frequently associated with federal contracting was on full display in a recent GAO protest that implicated the SBA’s nonmanufacturer rule, the Buy American Act, and the Trade Agreements Act. In a procurement that invited bids from both large and small businesses, a large business contractor argued that the application of certain small business contracting regulations would unfairly advantage the small business participants.
GAO disagreed, and dismissed the protest because any advantage was the result of the regulations operating as intended. Sometimes it pays to be a small business.
Continue readingProtester Hits the Trifecta: Bid Protest Sustained, Denied, and Dismissed
GAO issued a bid protest decision that sustained a protest in part, dismissed it in part, and denied it in part. Contractors can learn from this that even if all the arguments do not work, all it takes is one.
High Noon Unlimited, Inc. protested the U.S. Marine Corps decision to buy rifle magazine pouches off High Speed Gear, Inc. There was a large difference in price between the two offerors, with High Noon offering approximately $2.2 million while High Speed charged just under $3.6 million.
Continue readingJoint Venture Facility Security Clearances: SBA Wants Feedback
Forming a joint venture is an important tool to help small businesses increase their competitiveness under federal acquisitions. But for all the benefits, some headaches remain.
One common issue arises when a solicitation requires the prime contractor to hold a facility security clearance. Because a joint venture is an unpopulated legal entity formed for the purpose of bidding on a specific opportunity, the joint venture itself (as the prime contractor) often lacks the needed clearance—even though the joint venture’s members might both hold it. In these situations, a form-over-substance evaluation may leave the joint venture ineligible for award.
Fortunately, the SBA has recognized the silliness of such an exclusion and has invited feedback on a potential solution.
Continue readingSBA Proposes Changes to Nonmanufacturer Rule and Limitations on Subcontracting
The SBA recently proposed regulatory changes for a number of small business rules. While my colleagues have addressed some of the other big changes, I’ll focus on changes to the nonmanufacturer rule and limitations on subcontracting. The SBA noted that these changes are meant to eliminate confusion and streamline both processes.
Keep reading to see if you agree.
Continue readingSBA Proposes Changes to 8(a) Contract Procurement Process
Last week, SBA proposed big changes for some of its small business regulations, particularly those in the 8(a) Program. This blog post is Part 2 in our coverage of the proposed amendments (see Part 1 here) and will cover SBA’s potential changes to the procurement process for 8(a) contracts.
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